24. Can patent protection be considered a relevant reason for granting of an exemption?
Yes. The provision in Section 34 a (3) of the Act on Pharmaceuticals stipulates that SUKL may decide under exceptional circumstances and in view of public health protection or due to rights of third parties based on a justified application of marketing authorisation holder submitted 6 months prior to the expiration date of the period at the earliest or 3 months at the latest pursuant to Subsections 1 or 2 or ex officio that an exemption be granted so that this provision does not apply to the respective marketing authorisation.
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